Can you think of a wedding location filled with more genuine charm than Iowa!? From the Mississippi River to the Missouri River, your chosen wedding venue is overflowing with scenic views, golden sunsets, and small-town allure. But before you transform the Field of Dreams into the wedding of your dreams… let’s talk about prenups! Prenuptial agreements are a great way to have important conversations with your fiancé before you merge lives. But, do I need a lawyer for a prenup? What are the requirements for a valid prenup? Read on to find the answers to your questions and more!
Is a lawyer required for a valid prenuptial agreement in Iowa?
Iowa law does not require you to hire an attorney to create a valid and enforceable prenuptial agreement (also called “premarital agreements”) (Iowa Code § 596). However, obtaining independent legal counsel can be essential in showing that both parties entered into the agreement voluntarily and with a complete understanding of its terms. In Iowa, the enforceability of your prenup depends on its compliance with statutory requirements and whether both parties had a fair chance to consult with legal advisors (In re Marriage of Shanks (2008)).
When it comes to the validity of your prenup, there are many advantages in both you and your partner hiring attorneys. For example, if your agreement is contested in the future, the fact that the contesting party had an independent attorney walk them through the language of the prenup would make it hard to claim that their signature was involuntary or that they did not understand what they were signing.
Do we both need a lawyer, or can only one person hire one?
If you and your spouse decide that only one of you will hire an attorney and the other will be unrepresented, that’s okay under Iowa law. As we’ve addressed, Iowa does not require that either of you hire an attorney in order to have a valid prenup. But keep in mind that Iowa law does require that both you and your fiancé have enough time and enough resources to hire a lawyer, even if you choose not to. If you or your fiancé has this opportunity but chooses to forgo hiring an independent counsel for financial or other reasons, this should not affect the validity of the prenup (In re Marriage of Shanks (2008)). The court just wants to make sure that you and your partner had the opportunity to do so.
In the Iowa case of In Re Marriage of Maifield, the groom presented a prenuptial agreement dense with legal jargon to his bride on the night before their wedding. The bride was entertaining wedding guests and preoccupied with the events of the next day. The court held that she was not given the opportunity to seek independent legal advice and therefore, her signature on the prenuptial agreement was not voluntary as she did not understand the full legal and financial ramifications of entering into the agreement (In re Marriage of Maifield (2004)).
Can I write my own prenuptial agreement?
Nothing in Iowa law prevents you from drafting your own prenup. But it’s not recommended. Iowa takes its statutes and case law surrounding prenups very seriously, and writing your own prenuptial agreement is a risky endeavor. Navigating the language in your prenup—from property considerations to what a court might view as fair and reasonable—is rife with potential pitfalls and errors for a person inexperienced in drafting these types of agreements. The desire to save money leading up to a wedding is understandable. But try to cut financial corners in areas that won’t have such a profound effect on your future financial security.
Some couples also try to save money by hiring only one attorney to share. This is another bad idea! Attorneys have a fiduciary duty to represent their clients’ individual needs and are therefore not allowed to represent two people on opposite sides of an agreement.
What are the legal requirements for a valid prenup in Iowa?
Prenuptial agreements are governed by Section 596 of the Iowa Code. Prenups must be in writing and signed voluntarily. They become effective upon marriage, and the terms of the agreement can cover disposition of property in divorce or death, property rights, and various other matters important to the parties as long as the terms don’t violate public policy (Iowa Code §596).
Section 596.8 of the Iowa Code states that a prenup will be found to be unenforceable if the person against whom enforcement is sought can prove any of the following:
- The person did not sign the agreement voluntarily
- The agreement was severely unfair (i.e., unconscionable) when it was signed
- Full financial disclosure requires both parties to share the full values of all of their assets, debts, and incomes.
Section 596.8 goes on to state that if a court finds a clause or the application of a clause to a party to be unenforceable, that specific language will be struck from the agreement but will not affect the validity of the remainder of the prenup or application of the prenup’s terms which can still be given effect without the unenforceable provision (Iowa Code §596.8).
Can a prenup in Iowa waive or modify spousal support?
No. Prenups in Iowa cannot waive or negatively affect a party’s right to spousal support (aka “alimony”). Many states allow couples to include language in their prenups waiving or modifying spousal support, but Iowa has strict rules against this. Section 596.5(2) of the Iowa Code specifically states that “the right of a spouse or child to support shall not be adversely affected by a premarital agreement” (Iowa Code §596.2). Even if you hire an Iowa lawyer, they still will not legally be permitted to include spousal support waivers.
In re Marriage of Erpelding, the Iowa Supreme Court found that waivers or modifications of spousal support are against public policy. The court explained that when a prenup is drafted and signed, the parties cannot predict whether a spouse might need financial support in the future or how the enforcement of a clause waiving support might violate public policy (In re Marriage of Gudenkauf 1973). The court went on to express its concern that a financially dependent spouse might feel the need to stay in an untenable marriage for fear of being deprived of support (In re Marriage of Erpelding (2018)).
How much does a prenup lawyer cost in Iowa?
Many factors can influence the cost of a prenuptial agreement including the complexity of your finances, the length of negotiations between you and your fiancé, and the experience of your attorney. According to a HelloPrenup survey of family law attorneys across the country, the national average for a prenup for both parties is approximately $8,000. That’s pricey! If you’re hoping to save at least some of your savings for life after your wedding, less expensive options do exist! Highly regarded, online prenup services like HelloPrenup will provide you with a personalized, expertly drafted prenuptial agreement that abides by Iowa’s state laws for a flat fee of $599, plus $699 to add on the services of an Iowa-licensed prenup lawyer.
Where can I find a prenuptial agreement lawyer in Iowa?
The task of finding a trustworthy person experienced in drafting prenuptial agreements might feel a bit overwhelming. But rest assured, there are many ways to find the right prenup expert for you. First, ask your friends and family if they know reputable family law attorneys in your area. Then, do your research on these referrals! You want to make sure that they are well reviewed and that they have actual experience in drafting prenups. If you don’t find a solid lead from friends and family, do a quick online search for “Iowa family lawyers” or “Iowa prenup attorneys” in your area. Again, make sure you look at their reviews and ask questions to find out whether they have real-life experience in drafting prenups. You want your hard-earned money to go to an expert, not a novice!
The bottom line on prenup lawyer requirements in Iowa
Iowa does not require that an attorney draft your prenup in order for a court to uphold the agreement. But keep in mind that when a court is deciding the validity of your prenup, it will consider whether you and your partner hired independent attorneys. If neither of you or if only one of you, hires a lawyer, make sure that there’s enough time between presenting the prenup to your fiancé and your wedding day for both of you to talk with an attorney. Courts want to see that both of you had a reasonable amount of time and resources to consult an attorney even if you don’t end up hiring one. Alright! You’ve educated yourself on prenuptial agreements in Iowa, and now you can get back to planning your dream wedding in the heart of the Midwest!
AJ Skogerson is a lawyer, Collaborative Professional, mediator, educator, and consultant. She loves laughter, big ideas and any kind of adventure, big or small. She has practiced primarily in the area of family law since 2003.
In 2017, AJ combined forces with Attorney Andrea McGinn to co-found The Law Shop – Iowa’s first private practice law firm providing unbundled legal services to all clients. The Law Shop has quickly become an international leader in proving that offering high quality legal assistance on a limited scope basis increases access to justice for all while vastly improving the well-being of lawyers in a multitude of ways. As of early 2025, The Law Shop community has grown to also include Law Shops in Minnesota, Alabama, and Arkansas. The Law Shop has been featured in The Iowa Lawyer, the Illinois Bar Journal, and the American Bar Association (ABA) Journal among other publications. AJ and Andrea are also contributing authors to the ABA book “Design Your Law Practice: Using Design Thinking to Get Next Level Results.”
Although licensed in both Iowa and Idaho, AJ currently works primarily on legal matters in the State of Iowa. She also serves on the Board of Directors for the International Academy of Collaborative Professionals as well as the Five Fires Foundation.
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